DEPUTY INSPECTOR GENERAL OF PRISONS Vs. C MANIKANDAN

JUDGEMENT

(1.) SINCE the issue raised in both the writ petitions is one and the same, they are being disposed of by the following common order.

(2.) AGGRIEVED by the common order of the Tamil Nadu administrative Tribunal dated 21. 10. 2002 made in O. A. Nos. 2710 of 2001 and 2839 of 2001, the Deputy Inspector General of Prisons, Madurai, and the superintendent of Prisons, Palayamkottai, have filed the above writ petitions. Writ Petition No. 21998 of 2003 relates to C. Manikandan, Grade ii Warder and Writ Petition No. 21999 of 2003 relates to J. J. J. Milton, Grade ii Warder.

(3.) THE charge against both the petitioners is that C. Manikandan was in possession of cash of Rs. 10,341. 40 and J. J. J. Milton was in possession of 50 grams of ganja. Though C. Manikandan participated in the enquiry, Milton, after conveying his grievance that he was not furnished with all the required documents, abstained from the enquiry. The enquiry Officer submitted a report holding that the charge leveled against the delinquents was proved. Based on the report of the enquiry Officer, the Disciplinary Authority, viz. , Deputy Inspector general of Prisons, Madurai, by order dated 31. 03. 2001, dismissed both of them from service. Though there is a remedy by way of an appeal, the delinquents approached the Tribunal to vindicate their grievance. The tribunal, after finding that there is no evidence to connect the applicants with the contraband articles, viz. , cash and ganja, and that the contrary finding of the Enquiry Officer is perverse, set aside the order of dismissal and ordered reinstatement of the applicants with all monetary and service benefits, etc. , Questioning the said common order, the Deputy Inspector General of Prisons and the superintendent of Prisons have filed the present writ petitions.